This has already been known. And, we can make a safe guess that only Nintendo-approved devs will be able to use the SDK for anything.

It sucks, but such is life.

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It was known months ago when it was announced, but it was incomplete then. Now that it's a finished project and possibly "piratable", I'm glad voxel brought it to our attention. (i mean, if mainstream gaming news outlets are reporting it, why shouldn't we?)

I think people underestimate how powerful the Unity Engine will be with the N3DS (not the O3DS, mkay, that's only a measly dual-core!!). Personally, I feel that it could run a decent game with plenty of objects and effects, and still run at a rather high framerate. Put it this way, Unity wouldn't go ahead with this if they felt that it just wasn't gonna work out, power-wise.

Unity is so unoptimized you might as well be emulating, so I have to wonder what kind of games will be made with tnis.

Maybe we can play some slenderman clones at 2 fps.

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Quoted from unity team:

Unity for New Nintendo 3DS was one of the first platforms to use our in-house IL2CPP technology exclusively; we don’t use Mono at all. This brings substantial performance benefits, but there are a couple of downsides:
All compilation is done AOT (when the project is built). We don’t support JIT compilation (at runtime).

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Not saying it's as efficient as the native SDK, but it's not as bad as you think.